**SECTION 4.** **REPRESENTATIONS AND WARRANTIES**




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| --- | --- | --- |
| 4.1 |  | **Representations and Warranties of Lessee**. Lessee represents and warrants as of the date
hereof and during the entire Term hereof as follows: |






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| --- | --- | --- | --- |
|  | 4.1.1 |  | Lessee is a validly organized limited liability company under the laws of the
State of Delaware, and the person executing on behalf of Lessee has full power and
authority to execute this Agreement on behalf of Lessee and by such execution shall
bind Lessee under this Agreement. |
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|  | 4.1.2 |  | No action, suit, or proceeding is currently pending or threatened against
Lessee which shall in any material way affect Lessee’s financial status as of the date
hereof, or impair the execution, delivery, or performance by Lessee of this Agreement. |
|  |
|  | 4.1.3 |  | The execution and delivery of this Agreement by Lessee and the performance of
its obligations hereunder have been duly authorized by all necessary corporate action,
and do not conflict with any provision of Lessee’s articles of organization, |



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